THE OFFER Flashcards
ADVERTISEMENT
Generally not an offer to sell – it is a request for offers to buy.
An exception is the Carbolic Smoke Ball case in which the Court held that the
advertisement has the legal effect of an offer to pay a reward. Very unusual
PRICE QUOTE
Treated like an advertisement for these purposes, so a price quote
is generally not an offer to sell – it is a request for offers to
buy
LETTER OF INTENT
Not an offer. It merely states what the parties are considering,
not what they actually agreed to except if the language indicates that the parties
intended to be bound.
THE TERMS OF AN OFFER MUST…………
THE TERMS OF AN OFFER MUST BE DEFINITE TO BE A VALID OFFER.
If the terms are vague, then the Court does not have enough information to enforce it
and there is NO Contract